AG Letter Regarding the Inspector General and Hiring of US Attorney John Huber

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In this letter, Attorney General Jeff Sessions explains that IG Michael Horowitz will investigate potential FISC abuses.
Sessions has also been working with US Attorney John Huber of Utah to determine if there is a need to appoint a Special Counsel

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AG Letter Regarding the Inspector General and Hiring of US Attorney John Huber

Uploaded by

Description:

In this letter, Attorney General Jeff Sessions explains that IG Michael Horowitz will investigate potential FISC abuses.
Sessions has also been working with US Attorney John Huber of Utah to determine if there is a need to appoint a Special Counsel

Office of the Attorney General
Washington, B.C 20530
March 29, 2018
‘The Honorable Charles B. Grassley
Chairman
Committee on the Judiviary
United States Senate
Washington, DC 20510
“The Honorable Robert W. Goodlate
Chairman
‘Committee onthe Judiciary
U.S. House of Representatives
Washington, DC 20515
‘The Honorable Trey Gowdy
Chaieman
‘Committee on Oversight and Government Reform
USS. House of Representatives
Washington, DC 20515
Dear Chairmen Grassley, Goodlatte, and Gowdy:
| write in response to recent letters requesting the appointment of a Special
Counsel to review certain prosecutorial and investigative determinations made by the
Department of Justice in 2016 and 2017. 1 take the concems you raise seriously
‘Since I took this office, it has been my goal to establish the highest standards
{or our work and to maintain integrity and discipline throughout the Department of
Justice. I know this Department, [respec it and its mission, and I love it and its
people. Tam deeply proud of the important work thatthe hardworking men and
‘women ofthe Department do every day t fight violent crime, reduce opioid
dictions and deaths, keep Americans safe from threats both foreign and domestic,
‘and uphold the rule oflaw, We are determined to be worthy ofthe responsibility we
Ihave been given and to earn the trust of Congress and the American people. T
appreciate your suppot for the Department and our law enforcement community.
tis important that Congress and the American people have confidence in the
Department of Justice. No instittion is perfect, That is why [and my senior
leadership team, inclueing FBI Director Wray, are working every day'to ensure the‘The Honorable Charles E, Grassley
‘The Honorable Robert W. Goodlatte
‘The Honorable Trey Cowdy
Page 2
highest levels of performance and integrity as we carry out our fundamental mission
We view Congress as partners inthis effort. However, the law requires that much of
the work we are doing to accomplish these goals remain confidential to ensure full
‘and fair process and just outcomes. In that regard, as you know, the Department of
Justice cannot provide continuous updates on ongoing investigations, of confirm oF
‘deny the existence thereof. This is integral to our duty to adhere to the highest
ethical standards, and:o ensure that prosecutorial and investigative decisions are
‘made without politcal bias o favoritism—in either direction.
[As you are aware, [have asked the Department's Inspector General, Micha
EE, Horowitz, to review certain matters that you and some members of your
‘committees have raise! in recent and previous letters. In addition to his ongoing
investigation, the Inspector General has now confirmed that he has opened a review
into the Department's compliance with certain legal requirements and Department
‘and FBI policies and grocedures with respect to certain applications filed withthe
USS. Foreign Intelligeace Surveillance Court,
‘Congress created the Department's Office ofthe Inspector General explicitly
forthe purpose of, among other things, investigating alleged violations of criminal
‘and civil laws by Department employees, including actions taken by former
‘employees after they kave eft government service. The Inspector General's
jurisdition extends not only to allegations of legal violations, but also to allegations
that Department employees violated established policies as well.
To carry out these duties, Title Sof the United States Code provides the
Inspector General with broad disereton and significant investigative powers. The
office currently employs approximately 470 staff a significant number of whom are
lawyers, auditors, and investigators who may exercise wide discretion on matters
under their jurisdiction. Ifthe Inspector General finds evidence of criminal
‘wrongdoing, he may refer it to a United States Attomey who ean then convene &
grand jury o take other appropriate actions. To be clear, the Inspector General has
‘the authority to investigate allegations of wrongdoing, collect evidence through
subpoena, and develop esses for presentation to the Attorney General and the Depaty
‘Attorney General for prosecution or other action. The Inspector General also may,
under appropriate circimstances, make information available tothe public even if no
‘riminal or disciplinary action is recommended. In contrast, tis ype of information
‘would not normally be publicly avilable afte the conclusion of a traditional
‘criminal investigation‘The Honorable Charles E, Grassley
‘The Honorable Robert W. Goodlaite
The Honorable Trey Gowdy
Page 3
Parsuant to Department of Justice regulations the appointment of a Special
Counsel, by design, isteserved for use in only the most “extraordinary
circumstances.” 38°C.2.R. § 600.1(a). Under the regulations, any Special Counsel
‘ust be “selected ftom outside the United States Government.” 1. § 600.3(a). To
justify such an appoinment, the Attomey General would need to conclude that “the
public interest would be served by removing a large degree of responsibility forthe
‘matter from the Department of Justice.” 64 Fed, Reg. 37038, 37038 (July 9, 1999.
‘The Department has suecessfilly investigated and prosecuted many high-profile,
resource-intensive matters sine the regulations were promulgated in 1999, but the
regulations standard has been found to be satisfied on only two oecasions.
‘The regulations recognize that, when presented with a matter “that might
‘warrant consideration ofthe appointment of a Special Counsel,” the Attorney
General may conclude that the circumstances do not justify such a departure “from
the normal processes of the Department,” and that he may instead determine that
other “appropriate steps” can be taken to mitigate any conflicts of interest. 28 CPR.
§ 600.2(¢). Thus, in high-profile circumstances involving other politically sensitive
‘matters, it has been more common to make special arrangements within the
Department to ensure that actual or apparent conflicts ean be avoided, while
experienced and accountable prosecutors conduet an efficient and appropriate
investigation that comports with the interests of justice and with the public interest.
‘As noted in Assistant Attomey General Stephen E. Boyd's November 13,
2017, letter to the House Committe on the Judiciary, I already have directed senior
federal prosecutors to evaluate certain issues previously raised by the Committee. In
that letter, Mr, Boyd sated
“These senior prosecutors will report directly tothe Attomey General
‘and the Deputy Attomey General, as appropriate, and will make
recommendations as to Whether any matters not currently under
investigation stould be opened, whether any matters currently under
investigation require further resources, or whether any matters merit
the appointmest of a Spacial Counsel.”
Specifically, I asked United States Attomey Jobn W. Huber to lead this
efor, Mr. Huber is an experienced federal prosecutor who was twice confirmed
‘unanimously by the Senate as United States Attorney for the District of Utah in 2015
and 2017. Me. Huber previously served in leadership roles within the U.S.
‘Attorney's Office as the National Security Section Chief and the Executive Assistant
USS Attomey. He bas personally prosecuted a number of high-profile cases and
coordinated task forces focused against violent crime and terrorism. This work‘The Honorable Charles E, Grassley
‘The Honorable Robert W. Goodlate
‘The Honorable Trey Cowdy
Page 4
‘gamered commendations from the highest levels ofthe Department over the course
of two administrations
‘Mr. Huber is conducting his work from outside the Washington, D.C. area
‘and in cooperation with the Inspector General. ‘The additional matters raised in your
‘March 6, 2018, ete fall within the scope of his existing mandate, and Tam
confident that Mr. Huber’s review will include a full, complete, and objective
‘evaluation of these matters in a manner that is consistent with the law and the facts.
receive regular updates from Mr, Huber and upon the conclusion of his review, will
receive his recommendations as to whether any matters not currently under
investigation should be opened, whether any matters currently under investigation
require further resources, or whether any matters metit the appointment of a Special
Counsel
‘We understand thatthe Department isnot above criticism and it can never be
‘thatthe Department ccnceals errors when they occur, I expect every person in this
Department to adhere othe highest level of integrity, ethics, an professionalism. If
anyone falls short ofthese high standards, I will fulfill my responsiblity to take
necessary action to protect the integrity of our work.
‘Thank you for your leadership on these and other matters. Tam making your
letters on this and related issues available to the Department's leadership, Inspector
General Horowitz, anc Mr. Huber for such action as is appropriate. Please contact
‘me personaly if you lave additional questions or concerns
Sincerely, :
2 Jefferson B. Sessions IIL
‘Attorney General
ce! ‘The Honorable Dianne Feinstein
Ranking Member, Senate Committee on the Judiciary
‘The Honorable Jerry Nadler
Ranking Member, House Committe on the Judiciary
‘The Honorable Elijah Cummings
Ranking Member, House Committe on Oversight and Government Reform